• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Discrimination / Harassment

EEOC is on the lookout for ‘beauty bias’

08/07/2012
The EEOC is investigating the Marylou’s Coffee chain, looking into its apparent practice of hiring attractive young women. According to the Fisher Phillips law firm, “the EEOC’s big adventure raises a troubling question: Is the EEOC trying to establish that it’s illegal for an employer to prefer attractive employees over unattractive ones?”

Warn managers not to discuss employees’ ethnicity

08/03/2012
People are naturally curious about where others come from. But at work, such inquisitiveness can lead to misunderstandings—and, ultimately, expensive litigation. That’s why you should counsel supervisors against asking subordinates where they are from or what nationality they hold.

Bully boss? At least make sure he’s equally disagreeable to all kinds of subordinates

08/03/2012
Consider what might happen if a supervisor consistently singles out members of a protected class for tongue-lashings. It could be grounds for a discrimination lawsuit. Monitor subordinate complaints, looking for unusual patterns.

Nassau County settles suit with septuagenarian lifeguard

08/03/2012
He may not make the cast of “Bay­­watch,” but Jay Lieberfarb now has $65,000 that says Nassau County was wrong to fire him from his job as a lifeguard in 2009.

Not all offensive conduct creates liability

08/03/2012
Some employees believe that any sexual comment equals sexual harassment. That’s not true, especially when it involves so-called same-sex harassment. While you shouldn’t ignore such conduct for morale and productivity reasons, rest assured that it generally won’t make your organization liable for a big jury award.

Do your employees know how and where to submit complaints?

08/03/2012
One of the only legally secure ways to protect your company from hostile work environment lawsuits is to provide clear steps for employees to complain. Then investigate the allegations. Make sure employees know how to raise concerns and whom to talk to.

Firing for theft? Well-founded suspicion enough to go on

08/02/2012
If you suspect an employee has been stealing, you can and should discipline him. You don’t need absolute and irrefutable proof. It’s enough that you reasonably believed he stole.

Heard sexual harassment complaint is coming? Immediately launch your investigation

08/02/2012

When HR receives a complaint about sexual or some other form of harassment, immediately put your investigation machinery in motion. Start gathering information before you even meet with the complaining employee. That way, you can’t be accused of ignoring the problem …

Add credibility to investigation notes by having employees acknowledge their accuracy

08/01/2012

If you interview employees during the course of investigating alleged misconduct, make sure to take accurate notes. Then, before concluding the interview, have the employee read and sign the notes, attesting that they accurately reflect what was said. Don’t let the employee put off signing.

Court: Pregnancy plus slipshod discharge investigation doesn’t warrant negligence suit

08/01/2012
A federal court has refused to expand the ways an employee can sue for alleged pregnancy discrimination. Had the female plaintiff succeeded, the case might have opened the door to a runaway jury award.